IN THE CASE OF:
BOARD DATE: 3 June 2014
DOCKET NUMBER: AR20140005416
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) as follows:
* Item 1 (Last Name - First Name - Middle Name) to show his middle name as "Allen"
* Item 3 (Social Security Number (SSN)), to show his SSN as "xxx-42-xxxx" instead of "xxx-45-xxxx"
2. The applicant states it appears these were clerical errors.
3. The applicant provides:
* Social security card
* hospital certificate of birth
* DD Form 47 (Record of Induction)
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. Prior to induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History). He listed his middle name as "Allen" and his SSN as "xxx-42-xxxx." He authenticated this form with his signature.
3. He was inducted into the AUS on 8 June 1967. His DD Form 47 listed his middle name as "Allen" and his service number; it did not list his SSN.
4. His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty listed his middle initial "A" and his SSN as "xxx-42-xxxx."
5. His record contains several documents listing his middle name as "Allen" and his SSN as "xxx-42-xxxx" including
* DA Form 428 (Application for Identification Card)
* DA Form 873 (Certificate of Clearance and/or Security Determination)
6. He was honorably released from active duty on 10 January 1969. His DD Form 214 shows in item 1 his middle name as Allan and in item 3 his SSN as "xxx-45-xxxx."
7. He provides:
* A social security card listing a name the same as his with the SSN "xxx-42-xxxx"
* A local record of birth listing a full name the same as his with the middle name spelled as "Allen"
* A certificate of birth also listing a name the same as his with the middle name spelled as "Allen"
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
The available evidence shows at the time of his induction the applicant listed his middle name as "Allen" and his SSN as "xxx-42-xxxx." This middle name and SSN are consistent with the middle name and SSN shown on several documents throughout his military service. It appears that during the preparation of his DD Form 214 an administrative error occurred resulting in the incorrect middle name and SSN being listed on his DD Form 214. In view of the foregoing, his DD Form 214 should be corrected to show his middle name as "Allen" and his SSN as shown on his social security card.
BOARD VOTE:
___X____ ___X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. deleting from item 1 of his DD Form 214 the current middle name entry and replacing it with the middle name as shown on his DD Form 47 and
b. deleting from item 3 of his DD Form 214 the current entry and replacing it with the SSN as shown on his social security card.
_______ _ X _______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20140005416
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ABCMR Record of Proceedings (cont) AR20140005416
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